Leflore County v. Allen

Citations

• 80 Miss. 298

Syllabus

<p>1. Deeds. Duress. Threats of prosecution.</p> <p>When, the wife of a defaulting county treasurer is threatened by a district attorney with the prosecution of her husband unless she conveys all of her property to the county, and refuses, but subsequently while her husband is still living and liable to prosecution, conveys a part of her property on a renewal of the application, her deed is void as the result of duress.</p> <p>2. Same. Settlement of indebtedness. Act authorizing same. Laws 1886, p. 772. Effect of settlement.</p> <p>An act of the legislature authorizing a board of supervisors to take land in settlement of the debt of a defaulting county treasurer, and providing that upon such settlement he should be relieved from all liability for the indebtedness, does not include his relief from criminal liability, nor prevent the deed whereby his wife conveyed her land to effectuate the settlement from being void for duress, resulting from threats of his prosecution.</p> <p>3. Same. Ratification. Estoppel.</p> <p>The fact that a wife lived two years after making a deed, void because made under threats of the prosecution of 'her husband, and expressed satisfaction at the acceptance of the deed and the prevention of disgrace, is not a sufficient ratification to validate the deed, the husband being still alive and subject to prosecution.</p> <p>4. Same. QuAt-claim. Subsequent acquisition. Inheritance. Code 1880, 1195, 1235.</p> <p>Under code 1880, 1235, providing that a conveyance without warranty shall operate as a statutory quit-claim and release, and § 1195, that a quit-claim and release shall estop the grantor and his heirs from asserting a subsequently acquired title to the lands conveyed, a deed without warranty, in which a husband unites with his wife in conveying lands owned by her, will estop the husband and his heirs from asserting title to any interest therein which he may subsequently inherit from her — the word, “acquired,” as used in the statute, relati